As per norms, a government employee can be suspended if a disciplinary proceeding against him is contemplated or is pending; or he has engaged himself in activities prejudicial to the interest of the security of the State; or where a case against him in respect of any criminal offence is under investigation, inquiry or trial.

A disciplinary authority may also suspend a government employee where his continuance in office will be against the wider public interest--such as there is public scandal and it is necessary to place him under suspension to demonstrate the policy of the government to deal strictly with officers involved in such scandals, particularly corruption--and in cases where his continuance in office will prejudice the investigation.

It is brought to the notice of the government that in cases of prolonged suspension period, the courts have pointed out that the suspension  cannot be continued for long and that inspite of the Centre's instructions, the disciplinary authorities are not finalising the proceedings within the stipulated time, the Department of Personnel and Training (DoPT) has said in an order.
Also, in such cases the government is unnecessarily paying subsistence allowance without extracting any work and if, on the culmination of the disciplinary proceedings, the charged officer is exonerated from the charges, the government has to unnecessarily pay the full salary and treat the period of suspension as on duty etc., it said.
"It is, therefore, desirable that timely review of suspension is conducted in a just and proper manner and that the disciplinary proceedings are finalised expeditiously," the DoPT said.

There is a provision for review within ninety day for all types of suspensions, it said. "However, in cases of continued detention, the review becomes a mere formality with no consequences as a government servant in such a situation has to continue to be under deemed suspension. A review of suspension is not necessary in such cases," the order said.

The DoPT has asked all central government ministries and departments to timely review cases of suspensions and ensure "expeditious completion of disciplinary proceedings" against employees.
In a separate order, the DoPT has said that a copy of the advice of Union Public Service Commission (UPSC), if consulted, may be provided to the charged Officer, before a final decision is taken in disciplinary proceedings.

"As the UPSC are also consulted in the processes relating to appeal and review, it was decided to also extend the benefit of supply of the advice to these cases as well," it said.

In the disciplinary cases, where the UPSC are to be consulted, the disciplinary authority shall forward a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge to the charged officer.

The officer, charged for alleged corruption or dereliction of duty, shall also be provided copy of comments on the representation of the government servant on the inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings, the DoPT has said.

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